Quick answer: Texas is a community property state (the IRS lists it among the nine), but it does not require an equal split. Under Tex. Fam. Code § 7.001, in a divorce the court orders a division of the estate “in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” Community property is all property, other than separate property, acquired by either spouse during the marriage (§ 3.002), and property possessed by either spouse at the end of the marriage is presumed community; a spouse claiming separate property must prove it by clear and convincing evidence (§ 3.003). Separate property is property owned or claimed before the marriage, property acquired during it by gift, devise or descent, and recoveries for personal injuries (except for lost earning capacity) (§ 3.001); the court may not divest a spouse of it. The Texas Supreme Court has long listed factors that can justify a disproportionate division, including disparity of income or earning capacity, relative needs and financial condition, fault in ending the marriage, age, health, education, separate estates and the nature of the property. A spouse who commits fraud on the community can be charged with the loss: the court divides a reconstituted estate and may award a money judgment (§ 7.009).
What the Texas statutes say
- Just and right, not equal. There is no percentage; fault can move the division.
- Presumed community. Separate property needs clear and convincing proof.
- Separate property confirmed. Premarital, gifted and inherited property stays with its owner.
How the calculator works
You enter the community property and debts each spouse holds and each spouse’s separate property, which is left out of the division. The calculator adds up the net community estate, starts at an equal share and shows the payment between the spouses; you can move the slider to test a disproportionate division. The reasoning is in community property and a just and right division, separate property and the clear and convincing standard and disproportionate division factors and fraud on the community.
Property and maintenance
Eligibility for spousal maintenance depends on the property each spouse receives. See the Texas alimony calculator.
Property division across Texas
The statutes apply in every district court, from Houston, San Antonio, Dallas, Austin, Fort Worth or El Paso.
Frequently asked questions
Is Texas a community property state?
Yes. The IRS lists Texas among the nine community property states, but the court divides the community estate in a manner it deems just and right, not necessarily equally.
Does Texas split property 50/50 in a divorce?
Not by rule. Section 7.001 requires a just and right division, and courts can award a disproportionate share on factors such as fault and earning disparity.
Is fault considered in Texas property division?
Yes. Fault in the breakup is one of the factors a court may weigh in a disproportionate division.
Is an inheritance divided in a Texas divorce?
No. Property acquired during the marriage by gift, devise or descent is separate and cannot be divested, though it must be proved by clear and convincing evidence.
What is fraud on the community in Texas?
Wrongful depletion of the community estate by a spouse; the court divides a reconstituted estate and may award a money judgment to the wronged spouse.